Rowland v. Charles Miller & Taylor Co.

—The parties derive title from the same common source and subject to a covenant which forbids the use of the property for any trade or business “ injurious or offensive to the neighboring inhabitants.” The defendant, “The Taylor Co.,” under a lease from the owner, the co-defendant Miller, uses the premises on the south-east corner of Madison avenue and Forty-third street, adjoining the plaintiff’s residence, as an undertaker’s establishment for the sale of caskets and furnishing goods for funerals, also for embalming bodies, for autopsies and post mortem examinations,, the cutting and…